R-9, r. 14 - Regulation respecting the implementation of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Croatia

Full text
SCHEDULE I
(s. 1)
UNDERSTANDING ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE REPUBLIC OF CROATIA
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE REPUBLIC OF CROATIA
Resolved to guarantee to their respective nationals the advantages of the co-ordination of their social security statutes,
Have agreed as follows:
TITLE 1
GENERAL
ARTICLE 1
DEFINITIONS
In this Understanding, unless a different meaning is indicated by the context, the following expressions shall mean:
(a) “Croatia”: the Republic of Croatia;
(b) “competent authority”: the Minister from Québec or the Minister from Croatia responsible for the administration of the statutes referred to in Article 2;
(c) “competent institution”: the Québec department or agency or the department or agency of Croatia responsible for the administration of the statutes referred to in Article 2;
(d) “statutes”: present or future laws, regulations, statutory provisions and any other implementation measure concerning the branches and social security plans referred to in Article 2;
(e) “period of insurance”: for Québec, any year for which contributions have been paid or for which a disability pension has been paid under the Act respecting the Québec Pension Plan or any other year considered as equivalent; and, for Croatia, any contribution, employment or professional activity period, as well as any other period defined or accepted as a period of insurance or considered equivalent by the statutes referred to in Article 2;
(f) “benefit”: a pension, an annuity, an allowance, a lump-sum grant or any other benefit in cash provided under the statutes of each Party;
(g) “national”: for Québec, a person of Canadian citizenship, who is or has been subject to the statutes referred to in Article 2 1a and has gained rights under such statutes and, for Croatia, a person of Croatian citizenship, and any term not defined in the Understanding shall be understood as having the meaning given to it in the applicable statutes,
ARTICLE 2
MATERIAL SCOPE
(1) The Understanding shall apply:
(a) to the Québec statutes concerning the Québec Pension Plan;
(b) to the statutes of Croatia with respect to pension and disability insurance.
(2) The Understanding shall equally apply to any legislative or regulatory act which modifies, adds to, or replaces the statutes referred to in paragraph 1.
(3) The Understanding shall also apply to a statutory or regulatory act of one Party which extends the existing systems to new classes of beneficiaries; notwithstanding the preceding, that Party may, within 3 months of the date of the official publication of that act, notify the other Party that the Understanding shall not apply.
(4) The Understanding shall not apply to a statutory or regulatory act which covers a new branch of social security, unless the Understanding is modified to that effect.
ARTICLE 3
PERSONAL SCOPE
Unless otherwise provided, the Understanding shall apply to any person who is subject to the statutes of a Party or who has gained rights under such statutes.
ARTICLE 4
EQUAL TREATMENT
Unless otherwise provided in the Understanding, persons designated in Article 3 shall, in the administration of the statutes of a Party, receive equal treatment in comparison with the nationals of that Party.
ARTICLE 5
EXPORT OF BENEFITS
(1) Unless otherwise provided in the Understanding, any benefit acquired under the statutes of one Party, as well as benefits acquired under the Understanding, may not suffer any reduction, modification, suspension, suppression or confiscation solely as a result of the beneficiary residing or sojourning in the territory of the other Party, and such benefit shall be payable in the territory of the other Party.
(2) Any benefit which, under the Understanding, is payable by one Party in the territory of the other Party, shall also be payable outside the territory of either Party, under the same conditions that the first Party applies to its nationals under its own statutes.
TITRE II
APPLICABLE STATUTES
ARTICLE 6
GENERAL RULE
Unless otherwise provided in the Understanding and subject to Articles 7, 8, 9, 10 and 11, persons shall be subject only to the statutes of the Party in whose territory they are working.
ARTICLE 7
SELF-EMPLOYED PERSONS
Persons residing in the territory of one Party and working for their own account in the territory of the other Party or in the territory of both Parties shall, with respect to such work, be subject only to the statutes of their place of residence.
ARTICLE 8
DETACHED PERSONS
(1) Persons subject to the statutes of one Party and temporarily detached by their employers, for a period not exceeding 60 months, to the territory of the other Party shall, with respect to such work, be subject only to the statutes of the first Party during the term of their detachment.
(2) However, if the time required to complete the work extends over 60 months, the statutes of the first Party may continue to apply provided that the competent institutions of both Parties give their approval.
ARTICLE 9
TRAVELLING PERSONNEL EMPLOYED IN INTERNATIONAL TRANSPORT
(1) Persons working in the territory of both Parties as travelling personnel for an international carrier which, on behalf of others or on its own account, transports passengers or goods, by air or by sea, and which has its head office in the territory of one Party, shall, with respect to such work, be subject only to the statutes of the Party on whose territory the head office is located.
(2) Notwithstanding the preceding paragraph, if those persons are employed by a branch or permanent agency which the undertaking has in the territory of one Party other than the Party in whose territory it has its head office, they shall, with respect to such work, be subject only to the statutes of the Party in whose territory the branch or permanent agency is located.
(3) Notwithstanding paragraphs 1 and 2, if the persons are employed wholly or mainly in the territory of the Party where they reside, they shall, with respect to such work, be subject only to the statutes of that Party, even if the undertaking which employs them has neither its head office nor a branch or permanent agency in that territory.
ARTICLE 10
PERSONS IN GOVERNMENT SERVICE
(1) Persons in Government Service for one of the Parties and assigned to a post in the territory of the other Party shall be subject only to the statutes of the first Party for all matters relative to that post.
(2) Persons residing in the territory of one Party and being in that territory in Government Service for the other Party shall, with respect to that service, be subject only to the statutes which apply to that territory. Notwithstanding the foregoing, if those persons are nationals of the Party by which they are employed, they may, within 6 months of the beginning of their employment or of the coming into force of the Understanding, choose to be subject only to the statutes of the employing Party.
(3) No provision of the Understanding may be interpreted as being contrary to the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or to the provisions of the Vienna Convention on Consular Relations of April 24, 1963, relative to the statutes referred to in Article 2.
ARTICLE 11
DEROGATION FROM THE PROVISIONS ON COVERAGE
The competent authorities of both Parties may by common agreement derogate from the provisions of Articles 6, 7, 8, 9 and 10 with respect to any persons or categories of persons.
TITRE III
BENEFITS
ARTICLE 12
BENEFITS COVEREDS
(1) This Title applies to all benefits referred to in the Act respecting the Québec Pension Plan.
(2) This Title also applies to all benefits referred to in the statutes of Croatia concerning pension and disability insurance.
ARTICLE 13
PRINCIPLE OF TOTALIZATION
When persons have completed periods of insurance under the statutes of both Parties and are not eligible for benefits by virtue of the periods of insurance completed solely under the statutes of one Party, the competent institution of that Party shall totalize, to the extent necessary for the entitlement to benefits under the statutes applied by it, the periods of insurance completed under the statutes of each of the Parties, provided that overlapping periods are counted only once.
ARTICLE 14
BENEFITS UNDER QUÉBEC STATUTES
(1) If persons who have been subject to the statutes of both Parties meet the requirements for entitlement to benefits, for themselves or for their dependants, survivors or other rightful claimants, under Québec statutes without having recourse to the totalization mentioned in Article 13, the competent institution of Québec shall determine the amount of benefits in accordance with the provisions of the statutes it applies.
(2) If the persons referred to in paragraph 1 do not fulfill the requirements for entitlement to benefits without totalization, the competent institution of Québec shall proceed as follows:
(a) it shall recognize one year of contribution when the competent institution of Croatia certifies that a period of insurance of at least 90 days has been credited in a calendar year under the statutes of Croatia, provided that the year is included in the contributory period as defined in Québec statutes;
(b) years recognized under subparagraphashall be totalized with periods of insurance completed under Québec statutes, in accordance with Article 13.
(3) When the totalization prescribed in paragraph 2 entitles persons to benefits, the competent institution of Québec shall determine the amount payable as follows:
(a) that part of the benefit which is related to earnings is calculated according to the provisions of Québec statutes;
(b) the amount of the flat-rate portion of the benefit payable under the provisions of this Understanding shall be determined by multiplying:
the amount of the flat-rate portion of the benefit determined under the provisions of the Québec Pension Plan
by
the fraction which represents the ratio of the periods of contributions to the Québec Pension Plan in relation to the contributory period as defined in the statutes regarding that Plan.
ARTICLE 15
BENEFITS UNDER THE STATUTES OF THE REPUBLIC OF CROATIA
(1) When persons who have been subject to the statutes of both Parties meet the requirements for entitlement to monthly pensions, for themselves or for their dependants, survivors or other rightful claimants, under the statutes of the Republic of Croatia without having recourse to the totalization mentioned in Article 13, the competent institution of Croatia shall determine the amount of monthly pensions in accordance with the provisions of the statutes it applies.
(2) Where the persons referred to in paragraph 1 do not fulfill the requirements for entitlement to monthly pensions without totalization, the competent institution of the Republic of Croatia shall proceed as follows:
(a) for the purposes of old age benefits,
i. it shall recognize 12 months of contribution under the statutes of Croatia for each period of insurance credited by the competent institution of Québec;
ii. it shall recognize one week of contribution under the statutes of Croatia for each week of residence within the meaning of the Old Age Security Act which applies to Québec, provided that the week does not overlap a period of insurance completed under Québec statutes;
iii. periods recognized under clauses a i. and a ii. shall be totalized with periods of insurance completed under the statutes of Croatia, in accordance with Article 13;
(b) for the purposes of disability or survivors’ benefits,
i. it shall recognize 12 months of contribution under the statutes of Croatia for each period of insurance credited by the competent institution of Québec;
ii. periods recognized under clause i of subparagraph b shall be totalized with periods of insurance completed under the statutes of Croatia, in accordance with Article 13.
(3) Where the totalization prescribed in paragraph 2 entitles persons to benefits, the competent institution of Croatia shall determine the amount payable solely on the basis of the periods of insurance completed under the statutes of Croatia. When it is not possible to do so, the competent institution of Croatia shall proceed as follows:
(a) it shall first determine the amount of the theoretical monthly benefits that the person could claim if all the periods of insurance has been completed under its statutes. In the case of benefits whose amount does not depend on the duration of the completed periods of insurance, that amount shall be considered as the theoretical amount;
(b) it shall then determine the actual amount to which the person is entitled by multiplying the theoretical amount of subparagraph a monthly pension by the fraction expressing the ratio between
the period of insurance completed under the statutes of Croatia;
and
i. the total period recognized under paragraph 2; or
ii. the maximum period of insurance provided for by the statutes of Croatia if the periods of insurance obtained by totalization provided for in Article 2 exceed the maximum period of insurance provided for by the statutes of Croatia;
(c) to fix the basic amount used to calculate the benefits, it shall take into account only the period of insurance completed under the statutes of Croatia.
ARTICLE 16
PERIODS COMPLETED UNDER THE STATUTES OF THIRD PARTIES
If a person is not entitled to benefits after the totalization provided for in Article 14 or 15, the periods of insurance completed under the statutes of a third party that is related to both Parties by a legal instrument respecting social security and making provisions for the totalization of periods of insurance shall be taken into account to determine if the person is entitled to benefits, in accordance with the provisions of this Title.
TITRE IV
MISCELLANEOUS
ARTICLE 17
ADMINISTRATIVE ARRANGEMENT
(1) The terms and conditions for the application of the Understanding shall be set out in an Administrative Arrangement to be agreed to by the competent authorities.
(2) The liaison agency of each Party shall be designated in the Administrative Arrangement.
ARTICLE 18
CLAIM FOR BENEFITS
(1) To be entitled to a benefit under the Understanding, a person shall file a claim in accordance with the terms and conditions provided for in the Administrative Arrangement.
(2) For the purposes of Title III, a claim for a benefit filed under the statutes of one Party after the date of the coming into force of the Understanding shall be deemed to be a claim for a corresponding benefit under the statutes of the other Party, in any of the following cases:
(a) when a person asks that the claim be considered as a claim under the statutes of the other Party;
(b) when a person indicates, at the time of the claim, that periods of insurance have been completed under the statutes of the other Party.
The date of the receipt of such a claim shall be deemed to be the date on which that claim was received under the statutes of the first Party.
(3) The presumption set out in paragraph 2 shall not prevent a person from requesting that a claim for benefits under the statutes of the other Party be deferred.
ARTICLE 19
PAYMENT OF BENEFITS
(1) Cash benefits under the statutes of Québec shall be payable directly to the beneficiary in Canadian currency or in a currency freely convertible in the place of residence of the recipient, without any deduction for administrative charges or for any other expenses incurred in paying the benefits.
(2) Cash benefits under the statutes of Croatia shall be payable directly to the beneficiary in legal tender or in a currency freely convertible in the place of residence of the recipient, without any deduction for administrative charges or for any other expenses incurred in paying the benefits.
(3) For the purposes of paragraphs 1 and 2, where an exchange rate is required, the rate shall be that in force on the day payment is made.
ARTICLE 20
DEADLINE FOR FILING
(1) A request, a declaration or an appeal which, under the statutes of one Party shall be filed within a prescribed time to the authority or institution of that Party shall be accepted if filed within the same time period to the corresponding authority or institution of the other Party. In such a case, the authority or institution of the second Party shall immediately forward the request, declaration or appeal to the authority or institution of the first Party.
(2) The date on which the request, declaration or appeal is filed with the authority or institution of one Party shall be considered as the date of filing with the authority or institution of the other Party.
ARTICLE 21
MEDICAL EXAMINATION REPORTS
(1) At the request of the competent institution of one Party, the competent institution of the other Party shall make the necessary arrangements to provide the medical examination reports required for persons residing or staying in the territory of the latter Party.
(2) The medical examination reports referred to in paragraph 1 shall not be considered invalid solely because they have been made in the territory of the other Party.
ARTICLE 22
EXEMPTION OF FEES AND AUTHENTICATION
(1) Any reduction or exemption of fees provided for in the statutes of one Party with respect to the issuing of a certificate or document required in accordance with those statutes shall be extended to the certificates and documents required in accordance with the statutes of the other Party.
(2) Any document required for the application of the Understanding shall be exempt from authentication by diplomatic or consular authorities or from any other similar procedure.
ARTICLE 23
DISCLOSURE OF PERSONAL INFORMATION
(1) In this Article, the word “information” shall mean any indication from which the identity of a natural or legal person can be easily established.
(2) Unless disclosure is required under the statutes of a Party, any information communicated by an institution of one Party to an institution of the other Party shall be confidential and shall be used exclusively for the application of the Understanding.
(3) Access to a file containing information shall be subject to the statutes of the Party on whose territory the file is located.
ARTICLE 24
MUTUAL ASSISTANCE
The competent authorities and institutions shall:
(a) communicate to each other any information required for the application of the Understanding;
(b) assist each other free of charge in any matter concerning the application of the Understanding;
(c) forward to each other any information on measures adopted for the application of the Understanding or on amendments to their statutes to the extent that such amendments affect the application of the Understanding;
(d) notify each other of the difficulties encountered in the interpretation or in the application of the Understanding.
ARTICLE 25
REIMBURSEMENT BETWEEN INSTITUTIONS
(1) The competent institution of one Party shall reimburse to the competent institution of the other Party the costs related to each medical examination report produced in accordance with Article 21. Notwithstanding the foregoing, the transmission of medical information or other information already in the possession of the competent institutions shall constitute an integral part of administrative assistance and shall be performed without charge.
(2) The Administrative Arrangement shall provide for the terms and conditions of the reimbursement of costs referred to in paragraph 1.
ARTICLE 26
COMMUNICATION
(1) The competent authorities and institutions and the liaison agencies of both Parties may communicate with each other in French or in Croatian.
(2) A decision of a tribunal or of an institution may be communicated directly to a person residing in the territory of the other Party.
ARTICLE 27
SETTLEMENT OF DISPUTES
(1) Any dispute between the 2 contracting Parties concerning the interpretation or the application of the Understanding shall, as far as possible, be settled amicably by the competent authorities.
(2) If a dispute cannot be settled as prescribed in paragraph 1, it shall be referred, at the request of one Party, to an arbitration tribunal.
(3) Unless both Parties agree otherwise, the arbitration tribunal shall be composed of three arbitrators, one appointed by each party, and those 2 arbitrators shall appoint a third arbitrator, who shall act as president. If they cannot agree, the president of the International Court of Justice shall be invited to appoint the president.
(4) The arbitration tribunal shall determine its own procedure.
(5) A decision by the arbitration tribunal is final and binding on the Parties.
TITLE V
TRANSITIONAL AND FINAL
ARTICLE 28
TRANSITIONAL PROVISIONS
(1) The Understanding shall not confer any right to the payment of benefits for a period preceding the date of its coming into force.
(2) For the application of Title III and subject to the provisions of paragraph 1 of this Article:
(a) a period of insurance completed prior to the date of the coming into force of the Understanding shall be taken into consideration for the purposes of determining entitlement to benefits under the Understanding;
(b) a benefit, other than the death benefit payable, is due under the Understanding even if it is related to an event prior to the date of its coming into force;
(c) where benefits are payable pursuant to Article 13 and when the claim for such benefits is made within 2 years from the date of the coming into force of the Understanding, rights arising from of the Understanding shall be acquired from that date or from the date of retirement, death or invalidity as confirmed by a medical report creating the right to benefits if such date follows, notwithstanding the provisions of the statutes of both Parties relative to the forfeiture of rights;
(d) a benefit which, on account of nationality or residence, has been refused, reduced or suspended shall, at the request of the person in question, be granted or re-established from the date of the coming into force of the Understanding;
(e) benefits granted before the date of the coming into force of the Understanding shall be revised, at the request of the person in question. It may also be revised ex officio. If the revision leads to benefits lower than those which were paid before the coming into force of the Understanding, the amount of benefits previously paid shall be maintained;
(f) if a request referred to in subparagraphs d and e is filed within 2 years of the date of the coming into force of the Understanding, rights arising from the Understanding shall be acquired form that date, notwithstanding the provisions of the statutes of both Parties relative to the forfeiture of rights;
(g) if a request referred to in subparagraph d and e is filed after the limit of 2 years following the coming into force of the Understanding, rights which are not forfeited shall be acquired from the date of the request, unless there are more favourable provisions in the applicable statutes.
(3) For the purposes of Article 8, a person already detached at the date of the coming into force of the Understanding shall be deemed to have become detached on that date.
ARTICLE 29
COMING INTO FORCE AND TERM
(1) Each contracting Party shall notify the other when the internal procedures required for the coming into force of the Understanding have been completed.
(2) The Understanding comes into force on the first day of the month following the month in which the last of the notices referred to in paragraph 1 was sent.
(3) The Understanding is entered into for an indefinite term. It may be denounced by one of the Parties by notifying the other Party. The Understanding shall expire on the 31st day of December which follows the date of notification by at least 12 months.
(4) If the Understanding is terminated, all rights acquired by a person or in the process of being acquired under the provisions of the Understanding shall remain in effect.
Done at Montréal on October 25th, 1999, in duplicate, in French and in Croatian, both texts being equally authentic.
For the Gouvernement For the Government of the
du Québec Republic of Croatia
______________________ ______________________
ROBERT PERREAULT, ANDRIJA JAKOVCEVIC,
Minister Ambassador
O.C. 202-2001, Sch. I.